Township of West Norriton, PA PART 2 HOLDING TANKS

§ 18-201 Intent.

[Ord. 08-626, 3/11/2008; as amended by Ord. 10-654, 7/13/2010]

The intent of this Part 2 is to establish procedures for the construction, use, maintenance, regulation and removal of holding tanks designed to receive and retain sewage from certain institutional, commercial and industrial uses; and it is hereby declared that this Part 2 is necessary for the protection, benefit and preservation of the health, safety and general welfare of the inhabitants of this Township during the time that a ban on connections to the Township's system, imposed by the Pennsylvania Department of Environmental Protection, is in effect.

§ 18-202 Definitions.

[Ord. 08-626, 3/11/2008]

1. The following words, terms and phrases, as used in this Part 2, shall have the following meanings given herein, unless the context specifically and clearly indicates otherwise.

2. Words used in the singular include the plural; words used in the plural include the singular; and words used in the present tense include the future.

BOARD

The Board of Commissioners of West Norriton Township, Montgomery County, Pennsylvania.

DEP

The Commonwealth of Pennsylvania, Department of Environmental Protection.

HOLDING TANK

A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. Holding tanks include but are not limited to the following:

A. CHEMICAL TOILET A toilet using chemicals that discharge to a holding tank.

B. RETENTION TANK A holding tank where sewage is conveyed to it by a water-carrying system.

C. VAULT PIT PRIVY A holding tank designed to receive sewage where water under pressure is not available.

IMPROVED PROPERTY

Any property located within the Township upon which there is erected a commercial or industrial structure intended for continuous or periodic occupancy or use by human beings or animals and from which structure sewage shall or may be discharged and which ordinarily would be served by public sanitary sewers, but for the ban on connection to the Township system imposed by the DEP.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property located within the Township.

PERSON

Any person or persons, male or female, corporation, partnership, association, company, individual, owner, occupant, lessee, tenant or any organization.

SEWAGE

Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substance being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation.

SHALL

Is always mandatory.

TOWNSHIP

The Township of West Norriton, County of Montgomery.

§ 18-203 Scope.

[Ord. 08-626, 3/11/2008; as amended by Ord. 10-654, 7/13/2010]

As the least satisfactory and most costly method of disposing of sewage is by connection to a holding tank, holding tanks shall, subject to approval of the DEP, be permitted only for public educational institutions and commercial and industrial uses and shall be permitted only during the period of the ban on connections to the Township system imposed by the said DEP.

§ 18-204 Restrictions on Use.

[Ord. 08-626, 3/11/2008]

Holding tanks require service and maintenance to prevent their malfunction and overflow and shall be used only in lieu of treatment tanks and subsurface absorption areas when:

A. The Sanitary Inspection Officer shall determine that the property is unsuitable for an on-lot sewage disposal system in accordance with the provisions of the Pennsylvania Sewage Facilities Act;[1]

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

B. The applicable Township Official Plan or any revision thereto indicates the use of holding tanks for that lot; and

C. The applicant has received approval for the proposed disposal site from the DEP.

§ 18-205 Disposal of Contents.

[Ord. 08-626, 3/11/2008]

1. The owner must assume full and complete responsibility for the proper collection and disposal of the contents of the holding tank. If the owner fails to empty the tank as required, the Township shall have a sewage hauler pump the tank and dispose of the contents thereof, charge the owner the actual cost thereof and charge an additional reasonable administrative fee. The remedies of the Township set forth herein are in addition to those set forth in § 18-213 hereof for the imposition of fines for violation of this § 18-205.

2. Holding tank contents may be disposed of only at a DEP-approved sewage treatment facility or other facility constructed to specifically receive and treat waste from holding tanks which has been approved by the said DEP.

3. Reports shall be filed by the 10th day of each month, with the Township, by the property owner, which reports shall set forth the dates when the holding tank was emptied and the amount pumped on each date.

§ 18-206 Holding Tank Applications.

[Ord. 08-626, 3/11/2008]

1. The applicant shall submit a letter to the Board requesting approval to install a holding tank. Attached to said letter shall be:

A. A copy of a letter from the Township Planning Commission approving the plan subject to approval by the Board of the installation of a holding tank;

B. An engineering plan of the site showing the location of all buildings to be erected thereon and the location of the holding tank;

C. A copy of the holding tank design;

D. Certification from a professional engineer estimating the monthly amount of sewage generated in gallons and the estimated monthly costs to the owner;

E. A copy of a contract for maintenance of the holding tank by a disposal agency approved by the Board. Said contract shall include but not be limited to the name of the contractor, the method of maintenance, the method of disposal, the frequency of inspection, and the ultimate place of disposal. Such contract shall be required to remain in full force and effect for the entire period of the operation of the system and shall require routine pumping of the holding tank on a specified period basis, as opposed to a random pumping. Failure by the owner to renew such contract or submit proof of a contract with another approved disposal agency shall constitute a violation of this Part 2. The said contract shall provide that the disposal agency shall inspect the system a minimum of three times a year, each inspection to be no sooner than three months from the last prior inspection; and

F. A copy of the contract between the property owner and the owner of the facility into which the contents of the holding tank will ultimately be discharged.

2. Upon approval of the holding tank, the Board shall, by resolution, request the DEP to amend the Township's Sewage Facilities Plan under Act 537 to incorporate the use and location of the holding tank in the Township's Official Sewage Plan.

3. Any approval by the Board shall be contingent upon the owner entering into an agreement with the Township wherein:

A. The owner acknowledges and accepts his responsibility to empty the holding tank as needed.

B. The owner acknowledges and accepts that, when public sewers are available, the owner will, within 60 days of receipt of the written request by the Board, and acceptance of the connection by the Township, connect to the Township's system.

C. The owner agrees to escrow, prior to the entry of final approval of the holding tank, an amount equal to the cost of removing the holding tank; and, after the owner has connected with the Township's system, such funds shall be used to so remove said system. The amount of this escrow shall be determined by the Township Engineer, shall be paid to the Township, and shall be reviewed each year by said engineer to ensure sufficient monies are in escrow for such purpose.

D. The owner acknowledges that a capital contribution to the Township shall be required upon connection with the public system, in accordance with the Township's resolution.

E. The owner acknowledges that, prior to the issuance of any building permits, a performance bond must be posted with the Township in an amount equal to three years' contract price for sewage removal, which shall run for the entire period that the holding tank is to be in use. This bond shall be conditioned upon the owner maintaining the holding tank system in accordance with the provisions of this § 18-206.

4. Upon completion of the foregoing, an application for the holding tank shall be made to the DEP, and shall include the following:

A. Form ER-BCE-128.

B. A schedule for pumping of the holding tank.

C. A signed and valid contract with a sewage disposal agency to pump the holding tank system.

D. A signed and valid contract by and between the owner and the agency owning the facility into which the contents of the holding tank will ultimately be discharged.

E. A copy of the design of the holding tank.

F. A letter from the Board:

(1) Recommending approval of the holding tank application;

(2) Accepting the responsibility for having the holding tank contents pumped if the owner fails to do so; and

(3) A copy of the resolution of the Board amending the Township Sewage Facilities Plan and Planning Module Components II, III, and IV.

§ 18-207 Holding Tanks.

[Ord. 08-626, 3/11/2008]

1. Capacity. The holding tank design shall be large enough to hold a minimum of 3,000 gallons or three days of sewage waste, whichever is larger.

2. Construction. The holding tank shall be constructed in accordance with the design standards of the DEP.

3. Warning Device. The holding tank shall be equipped with a warning device to indicate when the tank has reached 75% of capacity. Such warning device shall create an easily visible signal at a location frequented by the owner or his agent, servant and/or employee. Upon activation of said warning device, it shall be the duty of the owner to forthwith cause said tank to be emptied.

4. Inspection. The Township Sewage Enforcement Officer, as provided for in Act 537, shall inspect the holding tank system at any time during its construction to ensure the above-set-forth standards are met and that the construction of same is done in a good and workmanlike manner. The cost of such inspections shall be borne by the owner, and payment of same shall be made immediately upon presentment of bills therefor.

§ 18-208 Periodic Holding Tank Inspections.

[Ord. 08-626, 3/11/2008]

1. The Township may designate its Sewage Enforcement Officer to inspect the holding tank for overflow at any time. Evidence of any overflow shall immediately be reported to the Board, which shall then avail itself of the remedies provided for in this § 18-208.

2. Prior to the emptying of the holding tank by the approved disposal agency, the owner shall give notice thereof to the Township. The Township may then designate an agent, servant or employee to be present at the time of pumping.

3. The cost of the above inspections shall be borne by the owner, and payment of same shall be made immediately upon presentment of bills therefor.

§ 18-209 Charges.

[Ord. 08-626, 3/11/2008]

The Board shall, by resolution, have the right and power to fix, alter, charge and collect such fees or costs as may be necessary to properly enforce this Part 2.

§ 18-210 Exclusiveness of Rights and Privileges.

[Ord. 08-626, 3/11/2008]

The collection and transportation of all sewage from any improved property using a holding tank shall be done under the direction of the Board or by a contractor approved by the Board, and the disposal thereof shall be made only at such site or sites as may be approved by the DEP.

§ 18-211 Duties of Improved Property Owners.

[Ord. 08-626, 3/11/2008]

The owner of an improved property that utilizes a holding tank shall:

A. Maintain the holding tank in conformance with this Part 2 or any other Township ordinance, the provisions of any applicable law, and the rules and regulations of the Township and any administrative agency of the Commonwealth of Pennsylvania; and

B. Permit only those approved by the Township to collect, transport and dispose of the contents of the holding tank.

§ 18-212 Use and Occupancy Permit.

[Ord. 08-626, 3/11/2008]

By obtaining permission to use a holding tank under this § 18-212, the owner shall agree that any failure to make timely removal of the contents of the holding tank, or any other violation of this Part 2 or sanitary requirements, will subject the owner to an automatic revocation of the use and occupancy permits issued for the subject premises.

§ 18-213 Violations.

[Ord. 08-626, 3/11/2008]

Any person who violates any provisions of this Part 2 shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 and not more than $1,000, plus costs, and in default of said fine and costs, shall undergo imprisonment in the Montgomery County Prison for a period of not in excess of 30 days. After receipt of written notice of a violation, each day that the said violation continues shall be considered a separate violation and offense.

§ 18-214 Abatement of Nuisances.

[Ord. 08-626, 3/11/2008]

In addition to any other remedies provided in this Part 2, any violation of this Part 2 shall be deemed to constitute a nuisance and may be abated by the Board by any means available to it.

§ 18-215 Liability of Owner for Costs and Expenses.

[Ord. 08-626, 3/11/2008]

The owner shall pay all costs, charges and expenses of the Township incident to the presentation, processing and approval of the application to install a holding tank, including but not limited to legal, engineering and inspection fees and costs, as may be determined, established or imposed, from time to time, by the Board.

§ 18-216 Amendments.

[Ord. 08-626, 3/11/2008]

The appropriate officials of the Township are directed to take such action as may be necessary to amend the Official Plan of the Township to implement the purposes of this Part 2.